Can a company require a pre-employment drug test without first making a contingent offer?

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Can a company require a pre-employment drug test without first making a contingent offer?

I recently was interviewed for a hotel position, then asked to submit to a drug test which I then passed but still haven’t been offered the position. Is that legal? Isn’t that invasive?

Asked on July 29, 2017 under Employment Labor Law, Hawaii

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You could have refused to take such a test, at least without an offer first being made. However, you chose not to do so. Accordingly, the test was legal. There is no prohibition against a company requiring pre-employment drug testing, wether or not a job has been offered. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is legal. There is no law saying that you must get a contingent job offer before doing a drug test, or that if you pass the test you must gt the job. They asked you to take a drug test; you agreed to take it, when you could have refused (and accepted not getting the job) or told them you'd only take it if there was a contingent offer; the fact that you agreed to take it without a contingent offer makes this legal.


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